Abstract: The object of this research is the institution of administrative control over the work of the branches and official of local self-governance in Canada. The subject of this work is the normative legal sources, as well as scientific and analytical literature on this topic. Analyzing this institution, the author gives attention to such issues as the forms of administrative control over the work of the branches and official of local self-governance; their internal content and peculiarities; differences in regulation of corresponding issues in the legislations of the different provinces of Canada. Analysis of the forms of administrative control over the work of the branches and official of local self-governance in Canada allows the author to make a conclusion on its wide implementation on all stages of administrative work. Despite the foreseeable trends of expansion of legal personhood of the branches of municipalities and acquisition of discretion authority, the administrative control maintains a significant role in the relations between the executive branches and local self-government.

Keywords: Financial control, monitoring, subsequent control, current control, preliminary control, state government, province, Canada, local self-government, administrative control

Abstract: The subject of this research is the historical legal experience of the formation of the territorial and constituent composition of the federative states of the world and the corresponding complex of constitutional norms established in the text of federal constitutions. The study is conducted on the constitutions of over 50 federative states signed at the time of the creation of federation. This work presents the analysis on the means of constitutional establishment of the constituent composition of a federation, principles of formation of the territory of the subjects of the federation, order of changes to the borders between them, as well as the principles of formation of federal territories and capital districts in the composition of the federation. The author concludes that the lack of normative establishment of the constituent composition of a federation in the text of the federal constitution is a gap that needs to be filled, but not unambiguous conclusion should be made on the absence of federal foundation in the organization of public authority: this will require analysis of the entire complex of the constitutional norms.

Keywords: state, territory, federalization, federation, constitution, constituent member, Russian Federation, Federal subject, Borders, Legal status

Abstract: This article is dedicated to the analysis of the changes of the legislation on protection of family rights. The new amendments to the Family Code of the Russian Federation effective January 10 of 2016 are meant to eliminate the gap in the legal regulation and expand the protection options for family rights. But a conclusion is made that these changes cannot be considered sufficient under the modern conditions of development of family relations and the accumulated legal precedent. It seems that attempts to make targeted changes in the Family Code of the Russian Federation will not deliver the desired result. The Code requires a worked out conceptual foundation for modernization of the family legislation. The author concludes that the problem of means of protection of family rights has an interbranch character, since it includes issues of application of general legal principles that stem from the Constitution of the Russian Federation, and principles established in the codified acts of civil and family legislation of the Russian Federation. The Family Code of the Russian Federation does not contain the necessary general position on protection of family rights: on forms and means of protection of family rights; on role and place of mediation in resolution of family law disputes (conflicts); on personal protection of family rights; on principles of protection of family rights and legal interests; on the system of means of protection or at least the list thereof.

Keywords: Interbranch issue, List of means of protection, Expansion of means, Civil law means, Changes to the family law, Protection of rights, Protection of legal interests, Specific means of protection, Legal interests, Protection of family rights

Abstract: This work is dedicated to the research on the penalty of deprivation of the right to occupy certain positions or engage in certain activities as an important means of criminal law to affect the legal status of the offender. The authors carried out a detailed analysis of the norms of international and domestic criminal and penal legislation concerning the designation of issues and execution of criminal punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities. The authors come to a conclusion that there is a need to make amendments and changes to the Part 2 of the Article 34 of the Penal Code of the Russian Federation as follows: "to comply with the order and conditions of execution of the penalties provided in this Code; notify the correctional inspection of any evasion from punishment verbally for the first 24 hours, and then in writing within three days; provide all support in ensuring the proper carrying out of punishment." The authors propose a new version of Article 37 Criminal Enforcement Code. Argument is made on the feasibility of changing the severity of the punishment, to reconsider its place in Article 44 of the Criminal Code, as well as modify its term as main or additional punishment, revise the legal conditions for expunging the criminal record after serving the punishment, as well as to make an amendment to Part 1 of the Article 47 of the Criminal Code on the coverage of the punishment to include persons performing executive functions in a commercial or other organizations.

Keywords: sentencing, criminal punishment, official, work, title, deprivation of the right, verdict, execution of punishment, disqualification, crime

Abstract: This article is dedicated to the analysis of the criminal law characteristics of the Article 243 of the Criminal Code of the Russian Federation amended in 2013. As the subject, the author selected objects of cultural heritage as objects of crime in the aforementioned Article. The issue is examined according to the classic approach of “object-objective side-subjective side-subject”, where in each paragraph of the Article the author draws certain scientific conclusions. The work substantiates the relevance of this subject of research, presents the analysis of the current national legislation and legal precedent, as well as doctrinal views. The author finds it legitimate to include the Article 243 into the chapter 25 of the Criminal code on bases of the object of a criminal offence. Characteristics are given to the object of cultural heritage as new objects of crime. The author formulates the rules for classification of acts according to Article 243 of the CCRF, as well as reviews cases of competition between the norms of Articles 243 and 167 of the CCRF and delimits the composition of crime by Articles 243 and 214 of the CCRF. The author substantiates the possibility of inclusion of indirect intent into the subjective side as form of guilt with consideration of theoretical position on material component of crime.

Keywords: competition of the statements, problems of qualification, corpus delicti, protection of the cultural heritage, criminal law, object of cultural heritage, public morals, cultural heritage, monuments of history, monuments of culture

Abstract: The object of this research is the public relations in the area of use of physical force by the members of Voluntary People's Druzhina. A special attention is given to the legality and grounds for use of physical force by druzhinniks in self-defense, protection of third parties, and execution of their tasks. The author carefully examines the questions of correlation of the necessary defense within the frameworks of the Federal Law “On Participation of Citizens in Maintenance of Public Order” and Criminal Code of the Russian Federation, as well as the questions of legality of detention of individuals caught by druzhinniks at the scene of the crime. The author conducted comparative analysis of the legislation that regulates the work of druzhinniks with the law “On Police”, and used the norms of the Criminal Code of the Russian Federation and Code of the Russian Federation on Administrative Offenses for the purposes of studying the possibilities of use of physical force by druzhinniks and correspondence of this use with the legislation. The work presents the research on the legal precedent from the moment the law went into force, as well as review of the foreign precedent (Belarus, Tajikistan, Japan, and UK) on cases of use of physical force by members of law enforcement.

Keywords: Necessary defense, Absolute necessity, Measures, Druzhinnik, Use of force, Responsibility, Public order, Detention, Compulsion measures

Abstract: This article presents the analysis and comparison of the concepts of “civil servant”, “person holding public office”, “official”, and “officer” based on the research of normative legal acts on the questions of organization and service in the public offices of the Russian Federation, criminal and administrative legislation, legal precedent, and historical documents. This work is aimed at sequential determination of the specifics of the aforementioned concepts, formation of their proper legal understanding based on practical situations and examples of organization of the system of public service. The proper legally determined usage of the concepts of “civil servant”, “person holding public office”, “official”, and “officer” will allow avoiding mistakes and confusion in public speeches, as well as in the political legal texts, especially in the analysis or commentary on the past legislation pertaining to organization and service in the public office.

Keywords: public position, legal regulation, register of posts, public administration, class rank, system of public service, civil servant, civil service, legal status, official

Abstract: The author examines the question of establishment of abolition of death penalty within international law, which in his opinion corresponds with the main principle of respect of the human rights and fundamental freedoms, as well as acknowledgment of the absolute right to life. A claim is made that one of the substantial conditions for invitation of Russia to join the European Council was the condition of abolition of the death penalty, but Russia yet to ratify the Protocol No. 6, did not take actions towards complete abolition of the death penalty, thus the issues of application of death penalty as a form of criminal punishment continues to maintain its relevance. Such situation would seem to contradict both, Russia’s obligations before the international law, as well as the constitutional law of the Russian Federation. The author proposes the measures for realization of the international obligation of Russian Federation aimed at abolition of the death penalty: 1. Ratify Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms; 2. Sign and ratify Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedom, as well as the Second Faculty Protocol to International Pact on Civil and Political Rights; 3. Make changes into the current legislation aimed at removal of the positions on the death penalty.  

Keywords: Suspended sentence, International obligations, Abolition of the death penalty, Moratorium, Ratification, Protocol No. 6, Protocol No. 13, Crime, Death penalty, Right to life

Abstract: The article addresses the issues of legal regulation of labor relations complicated by a foreign element within the BRICS countries on the example of South Africa. It identifies the main problems faced by countries with common law and civil law legal orders with regard to the inclusion of labor in the circulation of goods and services in the context of labor migration. The author offers a comparative legal study that opens opportunities to predict the direction in which economic coordination and integration with the participation of Russia could be further developed and relative legal regulations could be made in the future taking into account the urgent needs for the improvement of the existing Russian legislation. This work is done with the use of the following scientific methods: systemic analysis and synthesis of normative acts and practical materials, formal and dialectical logic: analysis, synthesis, induction, deduction, hypothesis, analogy, and special methods of legal studies – comparative legal and historical-legal, systemic analysis and interpretation of legal norms. The novelty of the research consists in the attention to legal regulation, problems and prospects of activity of trade unions, including the possibility of concluding supranational (international) collective agreements, in one of the five BRICS countries belonging to different legal orders - South Africa. The author explores legal aspects of the activities of trade unions, trying to answer the question if there any preconditions for unification of the results of their activities - collective agreements.

Keywords: aparteide, collective bargening, collective agreement, labor unions, foreign element, labor relations, South Africa, BRICS, strike, lock-out

Abstract: The object of this research is the public relations that form in the areas of regulation of the financial and municipal law with regards to whether or not bankruptcy of a municipal formation is a necessary instrument for the Federal Republic of Germany, or whether the modern land strategies on prevention of municipal debt have other ways of rendering bankruptcy unnecessary. The subject of this research is the following positions: theories and concepts of the German financial law on the issues of bankruptcy of municipal formations; norms of the German financial and municipal law; Russian and German legal precedent on the disputes related to the issues of financial solvency of the municipal formation of the FRG. The scientific novelty consists in the fact that based on the latest legislation of the Federative Republic of Germany, the author conducts a comprehensive research on the institution of bankruptcy of municipal formations. The author believes that the introduction of the bankruptcy procedure for municipal formations is a debatable. The bankruptcy creates grounds for conflicts due to the guarantees of self-governance and inter-branch connections between lands and communities.

Keywords: Financial solvency, Federative reform, Financial crisis, Failure, Federative Republic of Germany, Federal lands, Federation, Municipal formation, Bankruptcy, Budget

Abstract: This work studies the issues of proof in the court of appeals, namely the questions of examination of new evidence, which received the assessment of the court of first instance, examinations on file that were not examined by the court of first instance, as well as examinations by the same rules of new evidence presented by the parties. An important place belongs to the analysis of the normative legal regulations and legal positions of the Constitutional Court of the Russian Federation, Plenum of the Supreme Court of the Russian Federation, and courts of appeal of a number of the constituents of the Russian Federation on the issue of examination of new evidence in the courts of appeal. The author makes a conclusion on the need to overcome the current practice of hearing of a case in a court of appeals without examination of evidence, which does not allow to increase the level of legal protection of rights, freedoms, and legal interests of citizens and organizations involved in the sphere of criminal procedure that are guaranteed by the Constitution of the Russian Federation and federal laws.

Keywords: Proof, Verification of evidence, Examination of evidence, Additional materials, Cassation, New evidence, Evidence, Court of appeals, Court of first instance, Appeal

Abstract: This article is concentrates on the study of the "parental rights" category. The author considers the questions of evolution of scientific approaches to the understanding of parental rights by Russian family lawyers. This article defines the importance of such scientific analysis in the development of legal protections for parents and children. The author concludes that the legal concept of "parental authority" is a genetic form of the concept of "parental rights", as well as identifies and summarizes the characteristics of parental authority. The study is based on the method of genetic explanation. The study identified the areas for improvement in the doctrine of parental rights and the needed updates to the legal regulation of relations between parents and children. The author proposes the approach to the embodiment of the essence of parental rights using the term "parental care". The author argues the benefits of introduction of this concert into the legal use, formulates characteristics of parental care that determine the content of parental rights and responsibilities. Proposals are made on ways to improve current family legislation.

Keywords: responsibility of parents, family law, parental care, parental authority, parental responsibilities, parental rights, protection of parents, parenting, protection of children

Abstract: The subject of this research is the state policy on correction of legislation in the area of judicial independence of the state (crown and peace) courts during 1905-1917. Analysis is conducted on the normative legal acts that regulate the organizational legal (irremovability of judges and special order of prosecution, incompatibility of posts, independence of court from the branches of administrative power) and social law guarantees of independence (high salaries) of judges of state courts in the aforementioned period, as well as the evolution of views of the legislator in their development and enactment. The author concludes that the Revolution events of 1905 I the subsequent modernization of the political system of the Russian Empire required yet another correction in the mechanism of guarantees of independence of judges. Analysis of the legislation, normative acts and legal practice allows the author to argue the established thesis on the attempt of the government to decisively end the independence of judges. It is substantiated that the legislation of this period was characterized by the conscious refusal of the government to limit the most important guarantees, clarification of some of them (incompatibility of posts due to realization of the norms of the October 17, 1905 Manifesto on formation of political parties) and certain expansion of the ties with the judicial reform of 1912.

Keywords: Highest disciplinary presence, Ministry of Justice, State Duma, I. Scheglovitov, P. Stolypin, Incompatibility of posts, Irremovability of judged, Independence of judges, Judicial Reform, Court charter

Abstract: This work analyzes the peculiarities of prosecutor’s supervision over the procedure of expedited inquest. The author believes that the new form of inquest can significantly increase the timeframe for criminal pursuit, as there are substantial theoretical gaps and contradictions. The time saved in expedited inquest can be incomparable with the time spent during a trial, when the court will have to establish the incomplete circumstances that are part of the evidence. The author proposes improving the legislation for realization of the principle of criminal procedure – a reasonable timeframe for criminal process in expedited inquest. The insufficient theoretical processing of the problems of application of norms, coupled with the possibility of provocation from the law enforcement with regards to the suspects produced reasonable doubt in application of the expedited form of inquiry, as it is based on the admission of guilt. At the same time, the absence of argument on the inadmissibility of evidence can cause irrevocable loss of trace of a crime, since the investigator does not evaluate the evidence in accordance with Part 1 of the Article 88 of the Criminal Procedural Code of the Russian Federation.

Keywords: Prosecutor, Criminal procedure, Criminal pursuit, Circumstances, Proof, Dismissal, Complicity, Evidence, Expedited trial, Reasonable time

Abstract: This article is dedicated to the juridical meaning of the category of “legal reality”, introduced into the scientific use within the framework of post-classical juridical science. The goal of this work is to study the “legal reality” as a category of juridical science, determine and analyze the ontological and gnoseological meaning of this concept, which defines the bases for functionality of the legal phenomena in a specific society. The legal reality is being examined from the positions of various methodological approaches, which allows seeing it not only on different ontological levels and aspects, but to also determine its gnoseological potential for development of juridical science. The author gives an original definition to the category of “legal reality” and original definition is given to the category of “legal reality”. The author studies the key element and aspects of this category, and makes a conclusion that the legal reality as a fundamental category of juridical science is a complexly organized multi-level system, which encompasses both, the realistically existing legal phenomena, as well as the legal ideal, and defines the sphere of being of the law for the individual and society.

Keywords: Anthropological legal research, Juridical science, Methodological pluralism, Post-classical scientific reality, Post-modernistic legal concepts, Legal phenomenon, Legal science, Being of law, Category of juridical science, Legal reality

Abstract: This work examines the origin and evolution of the concept of “criminal procedure function”. A comparison is made on various approaches to definition of the criminal procedure function. The author demonstrates the systemic foundation of functionality in the criminal procedure. From the dialectics positions, the author unifies the approach towards definition of the criminal procedure function as a branch of activity, viewing it as duties established by the law or rights of general character of the parties of the criminal procedure. The author makes a conclusion that the main directions of the criminal procedure work that are manifested in the criminal procedure carry systemic character. The author removes the contradictions in the outlooks upon the criminal procedure function as a branch of activity as established by the law or rights of general character of the parties of the criminal procedure.

Keywords: Criminal process, Criminal procedure, Resolution, Protection, Criminal prosecution, General rights, System, Adversarial principle, Branches of criminal procedure, Criminal procedure function